The possibility of conventional representation of a creditor legal entity by another legal representative in the enforcement phase

• Author: Emilian-Constantin Meiu
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email: meiuemilian@yahoo.com).
• Pages: 14-19

LESIJ NO. XXIV, VOL. 1/2017

THE POSSIBILITY OF CONVENTIONAL REPRESENTATION OF A CREDITOR

LEGAL ENTITY BY ANOTHER LEGAL REPRESENTATIVE IN THE

ENFORCEMENT PHASE

Emilian-Constantin MEIU

Abstract

We aim to answer the following question if possible creditor legal representation by proxy another

person, during enforcement. The need to find a solution for this issue arose as a result of delivery of

Decision No. 9/2016 issued Î.C.C.J., panels for a dispensation of law in civil matters. Part of the answer

to this question are undoubtedly of Decision No. 9/2016, specifically the fact that the incidents of

enforcement before the judge in court on representation of the legal person is possible only through

legal adviser or advocate, within the law, not by an authorized person. Since the Decision. 9/2016

covers only representation before the court shall consider the possibility of this studio extinţe

considerations set out decision and the facts constituting the premise of this article.

Keywords: representation, enforcement phase, legal entity .

1. Introduction

The issue for discussion is based on

Decision No. 9/20 16 issued Î.C.C.J., panels

for a dispen sation of law in civil matters.

This decision Î.C.C.J., stated that "the

interpretation and application of art. 84 para.

(1) of the Civil P rocedure Code, the

application for summons and conventional

representation of the legal person before the

courts can not be done by proxy legal person

or by legal counsel or lawyer up".

We present some of the reasons on

which it based its decision mentioned above.

Decision No reasons were invoked.

XXII of June 12, 2006, delivered by the

High Court of Cassation and Justice - United

Sections in the outcome of the appeal on

points of law, namely the argument that "the

activities of legal consultancy,

representation and legal advice and drafting

of legal documents, including introduction

of actions in court, with the possibility o f

 PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest (email:

meiuemilian@yahoo.com).

certifying the identity of the pa rties, content

and date of documents, defense and

representation by legal means the rights and

interests of individuals and businesses in

relations with public authorities, institutions

and any Romanian or foreign constitute,

where appropriate, specific activities of the

legal profession, regulated in art. 3 o f Law

no. 51/1995 on the organization and the

profession of la wyer, republished (2), as

amended, the profession of notary public

[Art. 8 9:10 in law notaries and notary

activity no. 36/1995, rep ublished (3)] or the

bailiff (art. 7 of Law no. 188/2000 on

bailiffs, republished, with subsequent

amendments)”. In paragraph no. 28 was

held, referring also to Decision No. XXI I of

June 12, 2006, that "certain legal activities

such as legal representation, drafting of legal

documents, formulating actions, exercising

and justifying legal remedies may be

performed by le gal advisors, but the

provision of such activities are p ermitted